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(영문) 전주지방법원 군산지원 2020.02.07 2019고단1513
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 16:10 on October 31, 2019, the Defendant driven DK5 vehicles near CKK in the vicinity of CKY (YY) of CKK in U.S., a military union, under the influence of alcohol content of 0.11%.

2. On October 31, 2019, at around 17:43, the Defendant driven a K5 vehicle, as described in paragraph (1), on the road near the Frante in Gunsan-si E while under the influence of alcohol by 0.245%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of each host driver;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(3)2, 44(1) of the Road Traffic Act (the first blood driving), Articles 148-2(3)1, and 44(1) of the Road Traffic Act (the first blood driving) of the Road Traffic Act, and the imprisonment choice (the first blood driving on October 31, 2019) (the first blood alcohol concentration at 0.11% on October 31, 2019 and the accident was discovered while driving under the influence of alcohol at around 17:43 of the same day while the accident was discovered while driving under the influence of alcohol at least 0.245% on the same day).

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the crime is recognized and reflected, the fact that there is no other penalty record other than the punishment imposed for the crime of this paper in 1976, considering the age, character and conduct, occupation, family relationship, etc. of the defendant);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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